# In the matter of Vijay Bhatia Vs. OVN Trading Engineering Pvt. Ltd. & Ors. CA (AT) (Insolvency) No. 836-2019

> NCLAT judgment dated 30 Aug 2019. Citation: TCN-2019-NCLAT-00326. The case involves an appeal, Company Appeal (AT)(Insolvency) No.836 of 2019, filed by Vijay…

- **Court:** NCLAT
- **Order date:** 30 Aug 2019
- **Citation:** TCN-2019-NCLAT-00326
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vijay-bhatia-vs-ovn-trading-engineering-pvt-ltd-ors-ca-a19d36ee

## Summary

### Background

The case involves an appeal, Company Appeal (AT)(Insolvency) No.836 of 2019, filed by Vijay Bhatia against M/s OVN Trading Engineering Pvt Ltd & Anr. An interlocutory application, I.A. No.2686 of 2019, was also filed within this appeal. The core issue appears to be related to the withdrawal of the appeal by the appellant and the subsequent jurisdictional implications for the National Company Law Appellate Tribunal (NCLAT) to recall such a dismissal. The NCLAT had to determine if it possessed the authority to entertain any further applications once an appeal had been withdrawn and finally dismissed.

## Facts

The appellant, Vijay Bhatia, filed an appeal, Company Appeal (AT)(Insolvency) No.836 of 2019, against M/s OVN Trading Engineering Pvt Ltd & Anr. An interlocutory application, I.A. No.2686 of 2019, was also filed in relation to this appeal. The proceedings before the National Company Law Appellate Tribunal (NCLAT) were concerned with the status of this appeal and the accompanying application.

## Issues and analysis

### Issue 1: Whether the National Company Law Appellate Tribunal has jurisdiction to recall a final order of…

**Ratio:** The NCLAT holds that it has no jurisdiction to recall a final order of dismissal of an…

**Reasoning:** The Tribunal reasoned that once an appeal has been dismissed as withdrawn on instructions…

**Interpretation:** The Tribunal interpreted its powers and the finality of its orders to mean that…

**Application:** Given that the appeal was dismissed as withdrawn on instructions from the…

## Parties

- **Judges:** Bansi Lal…; Balvinder…
- **Advocates:** For the appellant:…; Zain A.…; +1 more

## Timeline

- **August 30, 2019 — Appeal Dismissed as…**: The appeal, Company Appeal (AT)(Insolvency) No.836 of 2019, was dismissed as withdrawn on…
- **August 30, 2019 — IA Not Maint…**: The interlocutory application, I.A. No.2686 of 2019, was deemed not maintainable after…

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